The Business Litigation Blog

The Internet and Legal Ethics

Wednesday, April 10, 2013

The ethics experts of the legal profession have their work cut
out for them in our digital age. With the emergence of new social
media platforms and research/communication sites, there is a
constant need for evolution of regulations regarding the practice
of law and the internet.

Social media communication can be a difficult realm to navigate.
In New York, San Diego, and Philadelphia, however, bar association
ethics committees have recently published opinions on the topic
that can serve as good resources for attorneys.

The opinions can be summed up as follows:

1 Attorneys are permitted to use social media
in order to research jurors or adverse parties;
however

2 Attorneys are not permitted
to communicate with jurors via social media platforms.

3 Neither attorneys nor those employed by them
are permitted to connect with jurors or utilize an alternate
account to connect with them.

4 If an attorney discovers through viewing
publicly posted information on social media evidence of juror
misconduct, he/she must report it to the court.

With regard to jurors’ internet use: While it is made clear to
jurors that conducting research or communicating about the trial is
not allowed, the ease and anonymity of the internet can sometimes
serve as a perilous temptation. Some states have added new sections
to their juror instructions in order to directly address this
issue.

Common websites/social media/communication outlets banned are:
search engines, Google Maps (for research of locations related to
trials), Wikipedia, Twitter, Facebook, MySpace, YouTube and chat
rooms. Use of mobile devices during trial or deliberations is also
forbidden.

With the continued rise of new social media outlets and internet
research and communication, ethics committees in other areas are
sure to follow suit in order to protect the integrity of the legal
process.

If you think you are a victim of any type of legal malpractice,
click here or call 312.223.1699 to speak with one of our
experienced attorneys.